Breckenridge v. Johnson
Mississippi Supreme Court
Error to the Circuit Court of Claiborne County. Hon. J. B. ChrismaN, Judge. The plaintiff in error should have recovered all the cotton in this action of replevin, because the proceedings under the writs of seizure were so defective as to be void. No writ can be issued by one justice of the peace returnable before another. Code 1871, § 1307, provides that the justice before whom the complaint is made shall determine the cause. The statute must be followed.
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Error to the Circuit Court of Claiborne County. Hon. J. B. ChrismaN, Judge. The plaintiff in error should have recovered all the cotton in this action of replevin, because the proceedings under the writs of seizure were so defective as to be void. No writ can be issued by one justice of the peace returnable before another. Code 1871, § 1307, provides that the justice before whom the complaint is made shall determine the cause. The statute must be followed. Ford v. Woodward, 2 S. & M. 260 ; Tucker v. Byars, 46 Miss. 649 ; Warren v. African Baptist Church, 50 Miss. 223 ; Morris v. Shryock, 50…
1Opinion of the CourtGeorge, C. J.
On February 26, 1878, Rosa Johnson, one of the defendants in error, made oath in due form of law, claiming a lien on certain cotton raised on a plantation leased by the plaintiff in error. She asserted lier lien as a laborer, under the act of April 14, 1876, entitled “ An Act to provide for Agricultural Liens, and for other purposes.” Acts 1876, p. 109. The amount of her lien as claimed, was one hundred and eighty dollars. At the same time, each of the other defendants .in error made an affidavit asserting for himself a similar lien on the same property, but for amounts less than one hundred…
2Cited by4 opinions
- Nimocks v. McGeheeMississippi Supreme Court · 1910
- Colwell v. SwickAppellate Court of Illinois · 1914
- Schmieg v. BurkhardtAppellate Court of Illinois · 1919
- Finney v. HardingAppellate Court of Illinois · 1889